High court deciding on wage increaseDecision could be last word on N.O. fight05/14/02

By Stephanie
Grace
Staff writer/The Times-Picayune

The question of whether thousands of low-wage
workers in New Orleans will soon get a raise is now in the hands of the state's
highest court.
In what could be the final step in a lengthy legal battle, the Louisiana Supreme
Court on Monday heard arguments on the so-called living wage amendment to the
city charter, which voters approved by a 63-37 margin this year.

If it survives the legal challenge, the measure
will raise the hourly minimum wage to $6.15, $1 above the federal level, for
everyone who works within the city limits except those employed by nonprofits,
government agencies or businesses grossing less than $500,000 per year.

Opponents, led by a consortium of associations
calling themselves the Small Business Coalition, are seeking to block the amendment.
They argue that it would violate a state law, passed after proponents gathered
signatures to put it before voters, which prohibits parishes and municipalities
from setting their own minimum wages.

Civil District Court Judge Rosemary Ledet upheld
the amendment in late March, but the high court has put it on hold pending a
final ruling.

While the arguments Monday touched on the wisdom
and morality of giving the city's working poor a boost, they centered mainly
on the legal argument over whether the Legislature can trump home rule charters
such as the one that governs New Orleans, which enjoy wide constitutional leeway.

Edward Harold and Topper Thompson, attorneys
for the business coalition, argued that the city cannot regulate a relationship
between private employer and employee, and that the state has a "vital
interest" in blocking any local minimum wage because it would lead to "instability
and uncertainty," and ultimately drive business away.

"Nobody can argue that the economy of Louisiana
is not a vital state interest," Harold said.

Louis Robein, attorney for the New Orleans Campaign
for a Living Wage, argued that local governments frequently dictate relations
between private parties.
As an example, he cited the city's booting ordinance, which sets the price a
company can charge to have a parking boot removed from a car parked on private
property.

Co-counsel Bill Quigley argued that the state
has not met the burden of showing it has a vital interest in stopping the wage
increase and of applying the least intrusive remedy possible.

Lawyers and activists on both sides said they
expect a swift decision.

Stephanie Grace can be reached at sgrace@timespicayune.com
or (504) 826-3383.